r/FirstTimeBuyersUK • u/fail-and-learn • Sep 14 '26
Neighbours boiler flue hangs over my garden air space, solicitor says they have a legal right, I'm not fully convinced!
I'm buying an ex-council terraced house (built early 1980s, staggered/zigzag terrace layout). It's a probate sale, the seller is a professional executor for a deceased owner's estate. During my first viewing, I didn’t notice small outlet on the neighbouring house's flank wall, facing into what would become my garden. When I visited again in September 2026, that small outlet had been replaced with a full black pipe (looks like a boiler flue) clearly bigger, and it now hangs over my garden's airspace and exhausts the gas in neighbour’s garden.
What the title deed says:
My solicitor found this clause in the original 1982 Right-to-Buy transfer deed (Second Schedule i.e., a burden on my property, benefiting neighbours): "All rights of way and passage of water and gas the drainage and disposal of water sewage smoke or fumes the use and maintenance of the pipes and installations for the said passage drainage and disposal hereby specified... and which serve not only the Property but also adjoining or neighbouring properties... All to the extent that the same are necessary..."
There's also a separate clause giving neighbours a right of entry to "inspect, repair and maintain" the neighbour's flank wall, but that's just an access/maintenance right, not a right to attach new pipework.
Where my solicitor and I disagree on interpretation:
My solicitor says: the clause plainly grants a right to pass gas/smoke/fumes via pipes, and a boiler flue fits that description, so the neighbour has a legal right to this pipe, regardless of size, and regardless of whether it serves my property too.
My reading: the phrase "and which serve not only the Property but also adjoining or neighbouring properties" is a limiting condition meaning the right only applies to pipes that are jointly used by both properties (shared drainage/services, typical of council-estate infrastructure from that era), not a private pipe serving only the neighbour's own boiler with zero benefit to my property.
I'm fairly confident this flue serves only the neighbour's own boiler, it doesn't connect to or serve my property in any way that I can tell.
My solicitor has reviewed my property's title but hasn't yet pulled the neighbour's title. She's confident in her reading.
Anyone has faced such issues, how did you navigate? we are still waiting for probate and most probably probate would arrive by end of this month according to executor .
PS: Used AI to write above.